BOSTON AP – Discount retailer TJX Cos. could pay as much as $40.9 million in a settlement with Visa Inc. and the bank that processes the retailer’s credit card payments over a massive breach of customers’ card data – a deal that hinges on banks agreeing to participate and doesn’t include other card networks like MasterCard.

Friday’s agreement also doesn’t resolve a lawsuit by a group of mostly small banks that suffered an unrelated setback in court Thursday against TJX and its payment processor, Fifth Third Bancorp.